FOR IMMEDIATE RELEASE: News Media contact:
July 14, 1999 Meribeth McCarrick: (202) 418-0654
FCC REVISITS LICENSING AND SERVICE RULES FOR 39 GHZ BAND
Action Brings Commission Closer to Auction of 39 GHz Spectrum
Today, the Federal Communications Commission revisited and generally affirmed the
licensing and service rules previously adopted for the 38.6-40.0 (39 GHz) spectrum band. Since
the FCC began licensing spectrum in the 39 GHz band in the 1970's technological advancements
and regulatory flexibility have increased interest in the spectrum by entrepreneurs. In particular,
39 GHz band service providers are utilizing the spectrum for a variety of wireless services such
as local, long distance, high speed data, and Internet access information services. The item
adopted today represents the last step in the rulemaking process that the FCC must take before
auctioning 39 GHz spectrum.
Specifics of Today's Action:
Today's action addresses various petitions for reconsideration filed in response to a
January 1997 Memorandum Opinion and Order and a November 1997 Report and Order and
Second Notice of Proposed Rulemaking. The FCC revisits the 39 GHz band service areas,
channelization plan, disposition of pending applications, and other licensing matters for 39 GHz
licensees. The FCC also dismisses as moot an Emergency Request for Stay filed in connection
with one of the petitions for reconsideration. Specifically, the FCC today:
i Affirms the dismissal, without prejudice, of all pending mutually exclusive 39 GHz
applications where mutual exclusivity was not resolved by December 15, 1995; all major
modification applications and amendments filed on or after November 13, 1995; all
amendments to resolve mutual exclusivity filed on or after December 15, 1995; and all 39
GHz applications that did not meet the 30-day public notice requirement as of
November 13, 1995.
i Decides to process all 39 GHz applications that were not mutually exclusive with
previously filed applications as of December 15, 1995, that conform in all aspects to FCC
rules and all associated amendments of right filed before December 15, 1995, where such
applications have satisfied the 30-day public notice requirement, even if they have not
been subject to the full 60-day window during which competing mutually exclusive
applications may be filed.
i Reconsiders the service area definitions for the 39 GHz band and decides to license all
channel blocks in the 39 GHz band using Economic Areas (EAs).
i Retains the channelization plan set forth in the Report and Order and Second NPRM.
Consistent with the new Part 1 rules governing applications for license renewal, licensees
seeking renewal of station authorizations must file applications no later than the
expiration date of the authorization for which renewal is sought, and no sooner than 90
days prior to the date of license expiration.
i Determines that consistent with the Part 1 competitive bidding provision, unjust
enrichment payments for 39 GHz licensees that obtain a bidding credit at auction, and
subsequently partition or disaggregate to an entity that would not have qualified for such
a credit, will be calculated on a pro rata basis, using population to determine the relative
value of the partitioned area, the amount of spectrum disaggregated to determine the
relative value of the disaggregated spectrum, and some combination thereof for combined
partitioning and disaggregation
Action by the Commission on July 14, 1999 by Memorandum, Opinion, and Order
(FCC 99-179). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell and Tristani.
News Media Contact: Meribeth McCarrick at (202) 418-0654; TTY at (202) 418-7233
Wireless Telecommunications Bureau contact: Jennifer Burton at (202) 418-0680 (Public Safety
and Private Wireless Division); TTY at (202) 418-7233
ET Docket No. 95-183
PP Docket No. 93-253
WT Report No. 99-21
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